covering the week's top textbooks like Linux - Tim Hortons is facing a class-action lawsuit in Quebec over data collection issues in the company's mobile ordering app filed a day after for privacy watchdogs announced a joint investigation into the company's overreach the court application filed by to Montreal based law firms on Tuesday cites an investigative story by the Financial Post which revealed the Tim Hortons app was logging users location data in the background even when the app wasn't open the app was streaming GPS location data to radar Labs Inc an American company which analyzes location data to infer where users live and work and logs a person's visits to one of Tim Hortons competitors such as Starbucks or McDonald's Corp immediately after privacy commissioners for the federal government Quebec Alberta and British Columbia announced their joint investigation on Monday Tim Hortons said in a statement that it has discontinued its practice of tracking losing users location when the app is not open the lead plaintiff is a Montreal resident who works in the IT sector and even though defined by his lawyer as a tech savvy guy he was shocked to find out how the app was tracking him consumer protection lawyer Joey Zuk Zuk Rijn said that simply stopping the practice of background location tracking isn't enough because Tim Hortons parent company appears to have been tracking the lead plaintiff since last year and the damage is already done saccharin says they've gained a valuable database of information and behavior patterns and activities of individuals so are they now just going to throw that out or are they going to profit from it my guess my guess is the latter Tim Hortons chief corporate officer Duncan full syns Fulton said in an e-mailed statement the company did not have any comment on the class-action lawsuit and reiterated that it had discontinued background location-tracking although the app may still record user location when it's open in many cases of privacy violations is difficult to sue because litigants can't put a dollar value on the harm they have suffered but the Quebec Charter of Rights and Freedoms makes privacy a protected rate and that simplifies the case most privacy and data cases in Canada have been focused on breaches where companies allowed private information to be leaked or stolen by hackers but litigation around issues relating to data and privacy could become more common depending on how the courts respond in this case and future cases